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STATE v. MCMANUS

Nos. 87-1815-CR, 88-0951.

152 Wis.2d 113 (1989)

447 N.W.2d 654

STATE of Wisconsin, Plaintiff-Respondent, v. Michael J. McMANUS, Defendant-Appellant. STATE of Wisconsin, Plaintiff-Respondent, v. William A. PANGMAN, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided November 15, 1989.

Attorney(s) appearing for the Case

For the defendant-appellant Michael J. McManus there were briefs by Ralph A. Kalal, and Kalal and Habermehl, Madison, and oral argument by Ralph A. Kalal.

For the plaintiff-respondent the cause was argued by Jerome S. Schmidt, assistant attorney general, with whom on the brief was Donald J. Hanaway, attorney general.

For the defendant-appellant William A. Pangman there were briefs (in court of appeals) by Richard L. Kaiser, Peter J. Heflin, and William A. Pangman & Associates, Waukesha, and oral argument by Mr. Kaiser.

For the plaintiff-respondent there was a brief (in court of appeals) and oral argument by Christopher W. Stock, Ozaukee county assistant district attorney, serving as special prosecutor.

DAY, J.

This opinion decides two cases that involve the construction and constitutionality of that part of sec. 346.63(1)(b), Stats. which prohibits driving or operating a motor vehicle with 0.1 grams or more of alcohol in 210 liters of breath. Defendant-Appellant Michael J. McManus appeals a judgment of conviction of the circuit court for Dane county, the Honorable George A.W. Northrup presiding. Defendant-Appellant William A. Pangman appeals a judgment of conviction...

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